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Articles 1 - 21 of 21
Full-Text Articles in Law
What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison
What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison
Caren Myers Morrison
No abstract provided.
The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), J.S. Nelson
J.S. Nelson
Chinese Courts' Role In Financial Reform: On The First "Vam Agreement" Case In China, Siyi Huang
Chinese Courts' Role In Financial Reform: On The First "Vam Agreement" Case In China, Siyi Huang
Siyi Huang
Traditional belief is that courts in authoritarian regimes are only passive institutions and their authority and influence are extremely limited. Despite the conventional wisdom, it’s been noticed that Chinese courts have played a crucial role in China’s financial reform. Drawing on insights from the judgments of three Chinese courts at different levels on the first “value adjustment mechanism” case in China, this article attempts to explore the functional techniques and decision-making process of Chinese courts. The analysis of the court’ judgments suggests that Chinese courts have performed a policy-making function in deciding controversial economic cases, by transcending social and business …
Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer
Faculty Colloquia, Spring 2010 Series, Royce Barondes, Kimberle Crenshaw, Chris Elmendorf, Michael Kang, Oliver Moreteau, Deborah Pearlstein, Richard Peltz, Nirej Sekhon, Stephanie Stern, Lee-Ford Tritt, Michael Zimmer
Lee-ford Tritt
Spring 2010 Presenters January 25: Royce Barondes (University of Missouri School of Law), ABA Ratings of Federal District Court Judges and the Likelihood of a Shepard’s Warning Signal February 1: Stephanie Stern (Loyola University Chicago School of Law), The Inviolable Home: From Iconic Property to Relational Privacy in the Fourth Amendment February 8: Michael Kang (Emory University School of Law), Sore Loser Laws February 15: Oliver Moreteau (LSU Paul M. Hebert Law Center), The Future of Civil Codes in Europe February 22: Deborah Pearlstein (Princeton University Woodrow Wilson School for Public and International Affairs), After Deference: Formal Approaches to Interpretation …
Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik
Judicial Decision-Making In Islamic Banking And Finance, Spencer J. Coopchik
Spencer J. Coopchik
In a globalized economy it is important for Western lawyers and investors to understand Islamic banking and finance. Islamic banking’s rapid growth in the past two decades has come as surprise to many in the financial markets. More surprising is that the legality of most financial transactions is decided by a select group of jurists sitting on Shari’ah Supervisory Boards. Islamic banking is a financial system governed by the Shari’ah. Many often misperceive Islamic banking as traditional financial practices veiled in Islamic legal fiction. This misconception is due in part to a lack of understanding of the Islamic legal principles …
The Supreme Court Sourcebook (Forthcoming), Joseph Thai, Richard Seamon, Andrew Siegel, Kathryn Watts
The Supreme Court Sourcebook (Forthcoming), Joseph Thai, Richard Seamon, Andrew Siegel, Kathryn Watts
Joseph T Thai
No abstract provided.
Judicial Independence In 2012 Under Russian President Vladimir Putin - An Exploration Of What "Judicial Independence" Really Means, And How It Remains Elusive In Russia, Alex E. Wolcott
Alex E Wolcott
This Article examines the current state of judicial independence in Russia. It considers how the various branches of government interact with each other, what the driving forces are for continuing the tradition of federal control over the judiciary, and how the 2012 reelection of Russian President Vladimir Putin will continue steering Russia away from an independent judiciary without international pressure and assistance. Lastly, this Article considers what steps can be taken to demonstrate to the Russian government and its people that an independent judiciary is the heart of enforcing the rule of law and establishing a successful country. The Russian …
The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo
The Targeted Killing Judgment Of The Israeli Supreme Court And The Critique Of Legal Violence, Markus Gunneflo
Markus Gunneflo
The targeted killing judgment of the Israeli Supreme Court has, since it was handed down in December 2006, received a significant amount of attention: praise as well as criticism. Offering neither praise nor criticism, the present article is instead an attempt at a ‘critique’ of the judgment drawing on the German-Jewish philosopher Walter Benjamin’s famous essay from 1921, ‘Critique of Violence’. The article focuses on a key aspect of Benjamin’s critique: the distinction between the two modalities of ‘legal violence’ – lawmaking or foundational violence and law-preserving or administrative violence. Analysing the fact that the Court exercises jurisdiction over these …
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes
The Rise Of The Common Law Of Federal Pleading: Iqbal, Twombly And The Application Of Judicial Experience, Henry S. Noyes
Henry S. Noyes
With its decisions in Twombly and Iqbal, the Supreme Court established a new federal pleading standard: a complaint must state a plausible claim for relief. Many commentators have written about the meaning of plausibility. None has focused on the Court’s statement that “[d]etermining whether a complaint states a plausible claim for relief...will be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” In this article, I make and support several claims about the meaning and application of judicial experience. First, in order to understand and define the plausibility standard, one must understand …
Winterthouhgts, Matilda Arvidsson
The Oklahoma Court System And The Role Of Judges, Mary Sue Backus
The Oklahoma Court System And The Role Of Judges, Mary Sue Backus
Mary Sue Backus
No abstract provided.
The Judicial Branch And The Role Of Judges, Mary Sue Backus
The Judicial Branch And The Role Of Judges, Mary Sue Backus
Mary Sue Backus
No abstract provided.
John Paul Stevens, Joseph Thai
John Paul Stevens, Joseph Thai
Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross
Reconciling The Booker Conflict: A Substantive Sixth Amendment In A Real Offense Sentencing System, Bertrall L. Ross
Bertrall L Ross
No abstract provided.
The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino
The Worst Way Of Selecting Judges—Except All The Others That Have Been Tried, Michael R. Dimino
Michael R Dimino
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
The Unconstitutionality Of Class-Based Statutory Limitations On Presidential Nominations: Can A Man Head The Women's Bureau At The Department Of Labor?, Donald J. Kochan
Donald J. Kochan
Can a man be the Director of the Women’s Bureau at the Department of Labor? According to Congress, the answer is no. Congress has stated by statute that a woman must be the nominee to head the Women’s Bureau at the Department of Labor. The key questions are: (1) even if it makes sense on policy grounds, is it constitutional? and (2) if we accept such a statutory limitation power what are the potential precedential consequences for other appointment matters? This Article’s case study is particularly relevant today, examining just how far Congress can go to limit the discretion of …
Error Iudicis : Juristische Wahrheit Und Justizieller Irrtum, Laurent Mayali, Andre Gouron, Dieter Simon
Error Iudicis : Juristische Wahrheit Und Justizieller Irrtum, Laurent Mayali, Andre Gouron, Dieter Simon
Laurent Mayali
No abstract provided.
Europäische Und Amerikanische Richterbilder, Laurent Mayali, Andre Gouron, Dieter Simon
Europäische Und Amerikanische Richterbilder, Laurent Mayali, Andre Gouron, Dieter Simon
Laurent Mayali
No abstract provided.
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
Elitism, Expediency, And The New Certiorari: Requiem For The Learned Hand Tradition, William M. Richman, William L. Reynolds
William L. Reynolds
No abstract provided.
Footprints Of A Just Man: The Case Law Of Judge Robert S. Vance
Footprints Of A Just Man: The Case Law Of Judge Robert S. Vance
Patricia A. McCoy
No abstract provided.